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The Judiciary Was Excluded From Policymaking
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book (chapter 16) Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). It is a singular fact...
Misreading McCulloch v. Maryland
The common understanding of the landmark McCulloch v Maryland case is that it argued in favor of broad congressional “implied” powers. But, an important scholarly paper shows this standard narrative to be greatly exaggerated. Published at the University of...
Status Report: States Tell Feds to Pound Sand
Originally published at the Personal Liberty Digest. The IRS gives subsidies when it wants. The ATF and EPA redefine words on a whim in an effort to give themselves more power and more control over your life. “Legislating from the bench” has been superseded by this...
The Union: Who Made It?
John Taylor, of Caroline County Virginia, was the preeminent theorist of Jeffersonian Old Republicanism. He was a strong advocate of individual and states rights in the face of the growing power of the federal government (“tyranny”) and opposed increased tariffs and...